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Citation
1 These regulations may be cited as the Aquaculture Licence and Lease Regulations.
Definitions
2 In these regulations,
“Act” means the Fisheries and Coastal Resources Act;
“adjudicative amendment” means an amendment to an aquaculture licence or
aquaculture lease that the Review Board is required by clause 49(b) or (c) of the
Act to decide on;
“adjudicative hearing” means a public hearing held by the Review Board as
required by Section 51 of the Act in accordance with the process set out in
Sections 17 to 36;
“aquaculture development area” means an aquaculture development area
designated by the Minister under clause 56(1)(a) of the Act;
“bottom shellfish with gear method” means a method of shellfish aquaculture
using gear placed on the solum;
“bottom shellfish without gear method” means a method of shellfish aquaculture
practised without using gear placed on the solum;
“development plan” means a document that specifies the technical aspects and
feasibility of an aquacultural operation at a particular site;
“Farm Management Plan” means a farm management plan as required by the
Aquaculture Management Regulations made under the Act;
“institutional lease” means an institutional lease granted by the Administrator
under Section 55A of the Act;
“institutional licence” means an institutional licence granted by the Administrator
under Section 55A of the Act;
“intervenor” means a person who is granted leave to intervene in an adjudicative
hearing before the Review Board under Section 23;
“option to lease” means an option issued by the Minister under subsection 44A(4)
of the Act to lease a tract of Crown land that is not designated as an aquaculture
development area;
“prescribed fee” means a fee prescribed in Sections 76 to 78;
“reallocation”, in relation to an aquaculture site, means the issuance of an
aquaculture licence or aquaculture lease for the aquaculture site after the revocation
of its previous aquaculture licence or aquaculture lease, as referred to in clauses
54A(1)(f) and 58(1)(e) of the Act and subsection 59(2) of the Act;
“special experimental lease” means a special experimental lease granted by the
Administrator under Section 55 of the Act;
“security bond” means a surety bond or any other form of financial security
acceptable to the Administrator;
“special experimental licence” means a special experimental licence granted by the
Administrator under Section 55 of the Act;
“suspended shellfish method” means a method of shellfish aquaculture using gear
placed in the water column;
“u-fish pond” means a pond stocked with fish that meets all of the following
criteria:
(i) it is located on private property,
(ii) in the opinion of the Administrator, it is used primarily for the
purpose of allowing persons to fish in the pond with rod and line for
a fee.
Factors to be considered in decisions related to marine aquaculture sites
3 In making decisions related to marine aquaculture sites, the Review Board or
Administrator must take all of the following factors into consideration:
(a) the optimum use of marine resources;
(b) the contribution of the proposed operation to community and Provincial
economic development;
(c) fishery activities in the public waters surrounding the proposed aquacultural
operation;
(d) the oceanographic and biophysical characteristics of the public waters
surrounding the proposed aquacultural operation;
(e) the other users of the public waters surrounding the proposed aquacultural
operation;
(f) the public right of navigation;
(g) the sustainability of wild salmon;
(h) the number and productivity of other aquaculture sites in the public waters
surrounding the proposed aquacultural operation;
Options to Lease
Details in call for proposals
4 A call for proposals for options to lease issued by the Minister must include any details
the Minister considers necessary, including all of the following:
(a) a description of the geographic area under consideration;
(b) the types of species to be cultivated;
(c) the method of cultivation to be used;
(d) the deadline for submitting a proposal;
(e) the number of options to be issued.
Unsolicited proposal for option to lease
5 The Minister may entertain an unsolicited proposal for an option to lease in a manner
determined by the Minister.
Issuing options to lease
6 (1) The Minister may establish procedures for evaluating proposals for and issuing
options to lease.
(2) The Minister has sole discretion in deciding whether to issue an option to lease
and, if issued, whether to issue it
(a) as set out in the proposal for the option; or
(b) with variations from the proposal for the option.
(3) In deciding on a proposal for an option to lease, the Minister may take any of the
following into consideration:
(a) the potential benefits to the community and Province;
(b) any previous record of the proponent related to aquacultural operations;
(c) the ability of the proponent to carry out the proposal;
(d) the concentration of current and proposed aquacultural operations, in order
to ensure orderly development of the industry;
(e) the suitability of the proposal, determined in accordance with any policies
established by the Minister.
(4) Before issuing an option to lease, the Minister must notify the proponent that their
proposal has been approved and that a fee to secure the option must be paid as
required by Section 7 before the option to lease will be issued.
Fee required to secure option to lease
7 (1) To secure an option to lease, a proponent must pay the prescribed fee no later than
15 days after the date the Minister notifies the proponent under subsection 6(5)[(4)]
of their successful proposal for the option to lease.
(2) The Minister must not issue an option to lease to a proponent who does not pay the
prescribed fee as required by subsection (1).
Duration of option to lease
8 (1) Unless it is renewed under subsection (2), an option to lease expires on the date
determined by the Minister, which must be no later than 6 months from the date
the option is issued.
(2) At the written request of the holder, the Minister may grant an extension of up to 6
months to the duration of an option to lease.
Public notice of issued option to lease
9 (1) The Minister must publish notice of an issued option to lease on the Department’s
website and in the Royal Gazette Part I no later than the following dates:
(a) 30 days after the option has been issued; or
(b) 60 days after the option has been issued, if requested by the proponent and
approved by the Minister.
(2) Notice of an issued option to lease must include any information determined by the
Minister.
(3) In addition to publishing notice of an issued option to lease as required by
subsection (1), the Minister may do any of the following:
(a) notify any person, group of persons or organization, as determined by the
Minister, of the issued option to lease;
(b) publish notice of the issued option to lease by any means determined by the
Minister.
Scoping process for option to lease holder for marine aquaculture site
10 (1) Before submitting an application for an aquaculture licence or aquaculture lease for
a marine aquaculture site in the area for which their option to lease was issued, an
option to lease holder must complete a scoping process.
(2) The scoping process required by subsection (1) must be carried out as determined
by the Minister and must include at least 1 public information meeting that is
(a) organized by the option to lease holder; and
(b) held in the community that the Minister determines is the most appropriate
community closest to the location of the aquaculture site that is the subject
of the option to lease.
(3) An option to lease holder must publish notice of the public information meeting
required by subsection (2) in a manner determined by the Minister.
New application for a marine site in a non-designated area
11 (1) An option to lease holder who wishes to apply for an aquaculture licence or
aquaculture lease must submit their application
(a) after completing the scoping process required by Section 10; and
(b) before their option to lease expires.
(2) In addition to any information required by the Minister under Section 46 of the
Act, an option to lease holder must include all of the following with their
application for an aquaculture licence or aquaculture lease:
(a) a report on the scoping process carried out under Section 10, including any
details required by the Minister;
(b) a development plan that meets the criteria established by the Minister for the
type of aquacultural operation to be carried out under the licence or lease.
Incomplete application
11A (1) If the Minister considers an application for an aquaculture licence and aquaculture
lease to be incomplete, the Minister must notify the applicant in writing of all of
the following:
(a) that the application is incomplete;
(b) that, for the application to be processed, the applicant must provide the
additional required information no later than 90 days after the date of the
Minister’s notice.
(2) If an applicant does not submit the required additional information in compliance
with the deadline in clause (1)(b), the Minister must notify the applicant in writing
that the application is deemed to be withdrawn.
Adjudicative Amendments
Approval to advance application for adjudicative amendment
11B (1) In this Section,
“approval” means an approval issued by the Minister under subsection 47A(4) of
the Act to advance an application for an adjudicative amendment before the
Review Board; and
“proposal” means a proposal to the Minister under subsection 47A(1) of the Act to
advance an application for an adjudicative amendment before the Review Board.
(2) The Minister may establish procedures for evaluating proposals and issuing
approvals.
(3) Subject to any extension granted under subsection (4), the prescribed duration of
approvals for the purpose of clause 47A(5)(b) of the Act is 6 months.
(4) At the written request of the holder of an approval, the Minister may extend the
approval’s duration for up to 6 months.
Scoping process for applicant for adjudicative amendment
12 (1) Before applying for an adjudicative amendment, the holder of the aquaculture
licence or aquaculture lease must complete a scoping process.
(2) The scoping process required by subsection (1) must be carried out as determined
by the Minister and must include at least 1 public information meeting that is
(a) organized by the holder of the aquaculture licence or aquaculture lease; and
(b) held in the community that the Minister determines is the most appropriate
community closest to the location of the site that is the subject of the
aquaculture licence or aquaculture lease.
(3) A prospective applicant for an adjudicative amendment must publish notice of the
public information meeting required by subsection (2) in a manner determined by
the Minister.
Applying for adjudicative amendment
13 An application for an adjudicative amendment must include any information or
documentation that the Minister considers necessary to assess the application, including
all of the following:
(a) a report on the scoping process carried out under Section 12, including any
details required by the Minister;
(b) an updated development plan that meets the criteria established by the
Minister for the type of aquacultural operation to be carried out under the
amended aquaculture licence or lease.
Consultations on adjudicative amendment application
14 (1) On receipt of a completed application for an adjudicative amendment, the Minister
must appoint an employee of the Department to undertake consultations with any
of the following as required under the laws of the Province or of Canada with
respect to the application:
(a) a department or agency of the Government of Nova Scotia;
(b) a department or agency of the Government of Canada.
(2) In addition to any required consultation referred to in subsection (1), the Minister
may appoint an employee of the Department to undertake consultations with any
person, group of persons or organization that the Minister considers necessary in
the circumstances.
Performance review on application for adjudicative amendment
15 (1) On receipt of a completed application for an adjudicative amendment, the Minister
must appoint an employee of the Department to conduct a performance review of
the aquacultural operation that is the subject of the amendment.
(2) The Minister must determine the criteria for and scope of a performance review
under this Section.
Minister must refer application to Review Board
16 The Minister must refer a completed application for an adjudicative amendment to the
Review Board, along with all of the following:
(a) a report on the outcomes of any consultations undertaken under Section 14;
(b) a report on any outcomes of the performance review conducted under
Section 15.
Adjudicative Hearings
Adjudicative hearing process
17 The Review Board must follow the adjudicative hearing process with respect to any of
the following applications:
(a) an aquaculture licence or aquaculture lease application with respect to a
marine site in an area not designated as an aquaculture development area, as
referred to in clause 49(a) of the Act;
(b) an application for an adjudicative amendment.
Date of adjudicative hearing
18 (1) No later than 15 days after receiving an application referred by the Minister, the
Review Board must set a date for an adjudicative hearing.
(2) The date of an adjudicative hearing must be at least 60 days but no later than 90
days after the date on which the Review Board sets the adjudicative hearing date
under subsection (1).
(3) The Review Board must give the parties to an adjudicative hearing at least 60
days’ written notice of the hearing date.
Public notice of adjudicative hearing
19 (1) At least 60 days before the date set for an adjudicative hearing, the clerk of the
Review Board must publish notice of the adjudicative hearing on the Department’s
website and in the Royal Gazette Part I.
(2) Public notice of an adjudicative hearing must include all of the following
information:
(a) the nature of the hearing;
(b) the time and place of the hearing;
(c) the location of the aquaculture site that is the subject of the adjudicative
hearing;
(d) the species and method of cultivation proposed;
(e) the applicant’s name;
(f) any information about the hearing that the Review Board determines should
be made public.
(3) In addition to publishing notice of an adjudicative hearing as required by
subsection (1), the clerk of the Review Board may publish the notice by any means
determined by the Review Board.
Pre-hearing submissions for adjudicative hearing
20 Members of the public may submit written comments to the Review Board during the
notice period provided for an adjudicative hearing and in the manner determined by the
Review Board.
Location of adjudicative hearing
21 An adjudicative hearing must be held in the community that the Review Board
determines is the most appropriate community closest to the aquaculture site that is the
subject of the hearing.
Parties to adjudicative hearing
22 All of the following are parties to an adjudicative hearing:
(a) the applicant;
(b) any intervenor;
(c) the Minister or the Minister’s designate.
Request for intervenor status
23 (1) A person may request intervenor status from the Review Board.
(2) A request under subsection (1) must be in writing in a form determined by the
Review Board and must be submitted to the Review Board no later than 10 days
after the date that notice of the adjudicative hearing is published under Section 19.
(3) No later than 10 days after the date it receives a request for intervenor status, the
Review Board must decide whether to grant or refuse the request.
(4) The Review Board must grant intervenor status to any person requesting it who, in
the opinion of the Review Board, is substantially and directly affected by the
hearing.
(5) A decision made by the Review Board with respect to intervenor status is final.
(6) No later than 5 days after deciding on a request for intervenor status, the Review
Board must provide notice of its decision to the person requesting intervenor status
and, if the request is granted, to each of the parties to the proceeding.
Copies of documents to intervenor
24 (1) Subject to any order under subsection (2) respecting confidentiality, promptly after
receiving of any of the following documents referred by the Minister for an
adjudicative hearing, the Review Board must provide copies of the documents to
an intervenor in the hearing:
(a) for an application for a new aquaculture licence or aquaculture lease for a
marine site in a non-designated area, the documents referred to in subsection
11(2);
(b) for an application for an adjudicative amendment, the documents referred to
in Section 13.
(2) If an applicant requests, consistent with the Review Board’s procedures, that the
Review Board hold a document in confidence, the requirement to provide copies in
subsection (1) does not apply until the Review Board makes an order respecting
the confidentiality of the document, and the requirement must then be applied only
in a manner consistent with the Review Board’s order.
Intervenors’ evidence may be consolidated
25 The Review Board may require all or part of 2 or more intervenors’ evidence to be
consolidated if the Review Board determines that consolidation is necessary to avoid
repetitive or cumulative evidence.
Copies of documents and correspondence to parties
26 (1) Subject to any order under subsection (1A) respecting confidentiality, a party to an
adjudicative hearing who files any correspondence or document with the Review
Board, other than a document referred to in Section 24, must at the same time
deliver a copy of the document or correspondence to each of the other parties to the
adjudicative hearing.
(1A) If a party to an adjudicative hearing requests, consistent with the Review Board’s
procedures, that the Review Board hold a document in confidence, the requirement
to deliver copies in subsection (1) does not apply until the Review Board makes an
order respecting the confidentiality of the document, and the requirement must then
be applied only in a manner consistent with the Review Board’s order.
(2) At the same time it delivers any correspondence to a party to an adjudicative
hearing, the Review Board must deliver a copy of the correspondence to each of
the other parties.
Review Board authority
27 (1) If procedures are not provided for in these regulations or in the Act, the Review
Board may do whatever is necessary and permitted by law to enable it to
effectively and completely adjudicate on the matter before it.
(2) The Review Board may dispense with, amend, vary or supplement all or part of the
procedures for adjudicative hearings set out in these regulations if it is satisfied that
the special circumstances of the application before it so require or it is in the public
interest to do so.
Opening adjudicative hearing
28 The Review Board must open an adjudicative hearing by describing in general terms the
purpose of the adjudicative hearing and the general procedure governing its conduct.
Adjourning and reconvening adjudicative hearing
29 (1) The Review Board may adjourn an adjudicative hearing and reconvene the
adjudicative hearing at any time and at any place the Review Board considers
appropriate.
(2) The Review Board must provide reasonable notice of the time and place of a
reconvened hearing to the parties to the hearing and to the public.
Evidence at adjudicative hearing
30 (1) Evidence presented at an adjudicative hearing must be relevant to all of the
following:
(a) the proposed aquacultural operation, including its geographic location;
(b) the factors to be considered by the Review Board as required by Section 3.
(2) The Review Board may exclude anything it considers to be hearsay, irrelevant,
immaterial or unduly repetitious from the evidence presented at an adjudicative
hearing.
(3) A party is not entitled to present the evidence of an expert witness at an
adjudicative hearing unless
(a) the evidence is in the form of a report that includes the expert’s name,
address and qualifications, along with a statement of the substance of the
expert’s proposed evidence; and
(b) the party has provided the evidence to the Review Board and each of the
other parties as required by subsection (5).
(4) A party to an adjudicative hearing may submit written evidence or present oral
testimony to explain their position.
(5) At least 15 days before the date of an adjudicative hearing, a party who intends to
present written or visual evidence at the adjudicative hearing must provide that
evidence to the Review Board through an affidavit, with a copy to each of the other
parties.
(6) The Review Board may take notice of any facts of which judicial notice could be
taken.
Documentary and real evidence at adjudicative hearing
31 (1) The clerk of the Review Board must number or otherwise identify each document,
material item and object offered and accepted as evidence in an adjudicative
hearing.
(2) The Review Board may accept evidence submitted in the form of a copy or excerpt
if the original is not readily available.
(3) The Review Board may require any person presenting a document or photograph
as an exhibit to submit a specified number of copies, unless the document or
photograph is determined to be unsuitable for reproduction.
Public participation in adjudicative hearing
32 (1) Any member of the public may participate in an adjudicative hearing by making a
sworn oral statement or an affirmation providing the Review Board with all of the
following information:
(a) their name;
(b) their place of residence;
(c) their position on the issues, subject to any limits, terms and conditions
determined by the Review Board.
(2) The Review Board must limit the duration of oral testimony given by a member of
the public to 6 minutes per person.
(3) To be considered by the Review Board, a sworn oral statement or an affirmation
provided by any member of the public must be in relation to 1 or more of the
factors set out in Section 3.
Questions at adjudicative hearing
33 (1) The Chair of the Review Board may determine the order of questioning at an
adjudicative hearing.
(2) The Chair may exclude any question that, in the opinion of the Chair, is outside of
the terms of reference of the Review Board or is needlessly repetitive in nature.
(3) The Chair may limit the number of questions that may be asked at an adjudicative
hearing.
(4) A question addressed to a group of persons representing a party may be directed to
a specific member of the group or all members present in person.
(5) If a question is directed to a specific member of a group representing a party and
that person is unable to answer because of a lack of knowledge or qualification, the
Chair may permit another member of the group to provide an answer.
(6) If a party is unable to answer a question without further consultation or research,
the party must undertake to provide an answer on or before the close of the hearing
or, if that is not possible, no later than 7 days after the close of the adjudicative
hearing, and the clerk must provide the response to the person who asked the
question and to any other person on request.
Conclusion of adjudicative hearing
34 (1) At the conclusion of an adjudicative hearing, the record of the hearing must be
closed and, except by agreement of all parties or as specified by the Review Board
in accordance with subsection (2), no other evidence may be entered into the
record.
(2) The Review Board may re-open the record of an adjudicative hearing after it has
been closed to take additional evidence on specific issues if the Review Board is
not satisfied that all necessary information to make a decision has been presented.
Record of adjudicative hearing
35 (1) The clerk of the Review Board must keep a full and complete record for each
adjudicative hearing.
(2) A record of an adjudicative hearing must include all of the following:
(a) the application;
(b) supporting documents;
(c) all exhibits.
Decision on application for adjudicative hearing
36 (1) No later than 30 days after the date that an adjudicative hearing concludes, the
Review Board must decide on the application and issue a written decision that
includes the reasons for the decision.
(2) In setting out reasons in a written decision, the Review Board must include all of
the following:
(a) the findings of fact on the evidence related to the factors set out in Section
3;
(b) the conclusions of law based on the findings of fact;
(c) particulars of any deviations by the Review Board from the procedures for
adjudicative hearings set out in these regulations, as allowed under
subsection 24[27](2).
(3) Once a written decision on an application is issued by the Review Board, the clerk
of the Review Board must
(a) send a certified copy of the decision to each party to the adjudicative hearing
on the application; and
(b) publish a certified copy of the decision on the Department’s website.
Deadline for implementing Review Board decision
37 An action of the Minister to implement a decision of the Review Board must be taken no
later than 15 days after the closing date of the appeal period set out in Section 50 of the
Act.
Administrative Decisions
Prescribed process for administrative decisions
38 (1) Except as provided in subsection (2), the process set out in Sections 39 to 42 is
prescribed as the process to be followed by the Administrator in making a decision
with respect to an application for any of the following:
(a) an aquaculture licence or aquaculture lease in a designated aquaculture
development area;
(b) an aquaculture licence for a land-based aquaculture site;
(c) an amendment of an aquaculture licence or aquaculture lease;
(d) a renewal of an aquaculture licence or aquaculture lease;
(e) an assignment of an aquaculture licence or aquaculture lease;
(f) a special experimental licence or special experimental lease;
(g) a reallocation of an aquaculture site;
(h) an institutional licence or institutional lease in a designated aquaculture
development area.
(2) The administrative decision process prescribed by subsection (1) is not required for
any of the following:
(a) a routine amendment to an aquaculture licence or aquaculture lease that is
required to correct an error or to address a revised policy or a regulatory
change of the Government of Nova Scotia or of the Government of Canada;
(b) a request for corresponding expiry dates under subsection 52(5);
(c) a renewal of a special experimental licence or special experimental lease;
(d) an amalgamation of aquaculture licences or aquaculture leases and their
associated aquaculture sites.
Manner of applying to Administrator
39 Any application referred to in clauses 38(1)(c) to (f) must be made in a manner
determined by the Administrator.
Consultations on application to Administrator
40 (1) On receipt of a completed application that is within the jurisdiction of the
Administrator, the Administrator must undertake consultations with any of the
following as required under the laws of the Province or of Canada with respect to
the application:
(a) a department or agency of the Government of Nova Scotia;
(b) a department or agency of the Government of Canada.
(2) In addition to any required consultation referred to in subsection (1), the
Administrator may undertake consultations with any person, group of persons or
organization that the Administrator considers necessary in the circumstances.
Public submissions on application to Administrator
41 (1) On completion of any consultations conducted under Section 40 with respect to an
application, the Administrator must publish a notice on the Department’s website
and in the Royal Gazette Part I inviting the public to submit written comments on
the application to the Administrator within the 30 days following the date the
notice is published.
(2) A public notice under subsection (1) must specify the period during which written
comments may be submitted together with any additional information that the
Administrator determines to be necessary.
(3) In addition to the means of publishing required by subsection (1), the
Administrator may publish a notice inviting written comments on an application by
any other means determined by the Administrator.
(4) A member of the public may submit written comments about an application to the
Administrator by mail, fax or e-mail.
(5) To be considered by the Administrator, a written submission from a member of the
public must meet all of the following requirements:
(a) it must identify the person making the comments and include contact
information;
(b) it must describe how the person making the comment is connected with the
matter to be determined;
(c) it must be submitted within the 30-day period specified in the notice
published under subsection (1);
(d) if it concerns a marine aquaculture site, it must be in relation to 1 or more of
the factors set out in Section 3;
(e) if it concerns a land-based aquaculture site, it must be in relation to 1 or
more of the factors set out in Section 43.
Administrator’s decision
42 (1) After the close of submissions under Section 41, the Administrator must decide on
the application and issue a written decision that includes the reasons for the
decision.
(2) On issuing a written decision, the Administrator must
(a) send a copy of the written decision issued to the applicant; and
(b) publish a copy of the decision on the Department’s website.
Land-based Aquaculture
Factors to be considered in application for land-based aquaculture licence
43 In deciding on an application for a land-based aquaculture licence, the Administrator
may take the following factors into consideration:
(a) the financial viability of the proponent and the proposed operation;
(b) the extent to which the proposal is in accordance with the Act, the relevant
regulations made under the Act and any guidelines or policies established by
the Minister;
(c) the technical viability of the proposed operation;
(d) any factors that the Administrator considers relevant to the application.
Applications for land-based aquaculture
44 In addition to any information required by the Minister under Section 46 of the Act, an
application for a land-based aquaculture licence must include a development plan
together with any information or documentation that the Administrator considers
necessary to assess the application.
U-fish operations
45 (1) Sections 43 and 44 apply to an application for an aquaculture licence for a u-fish
pond.
(2) The holder of an aquaculture licence for a u-fish pond must not process and sell the
aquacultural produce from their u-fish pond.
Special Experimental Leases and Licences
Applying for special experimental licence
46 A person who wishes to conduct aquaculture to do any of the following may apply for a
special experimental licence:
(a) test or develop new technology or methods;
(b) carry out basic research;
(c) test the technical feasibility of a aquaculture site.
Applying for special experimental lease
47 An applicant for a special experimental licence must also apply for a special
experimental lease if the proposed aquaculture site is on Crown land.
Research purposes
48 Aquaculture conducted under a special experimental licence must be in support of
research and must not be on a scale that exceeds the research purposes for which the
special experimental licence or special experimental lease was granted.
Research results
49 (1) A holder of a special experimental licence must make a summary of the research
results from the aquaculture conducted under the experimental licence available to
the Minister.
(2) The Minister, in the Minister’s sole discretion, may release the summary submitted
under subsection (1) to the public in full or in part.
No assigning special experimental licence or lease
50 (1) A holder of a special experimental licence or special experimental lease must not
assign the special experimental licence or special experimental lease.
(2) An assignment contrary to subsection (1) is void.
Conversion to commercial purpose
51 A holder of a special experimental licence or special experimental lease applying for a
commercial aquaculture licence or aquaculture lease must apply to the Minister in
accordance with Section 45 of the Act and these regulations, including any requirement
to submit a proposal for an option to lease, if the application is for either of the
following:
(a) the same site;
(b) an area that includes all or part of the same site.
Institutional Licences and Leases
Applying for institutional licence
51A An applicant for an institutional licence must apply in a manner determined by the
Administrator.
Applying for institutional lease
51B If the proposed aquaculture site is on Crown land, an applicant for an institutional licence
must also apply for an institutional lease.
Terms and Conditions of Aquaculture Licences and Aquaculture Leases
Term and renewal of aquaculture licence or aquaculture lease
52 (1) Except as provided in subsection (3), the term of an aquaculture licence must not
exceed 10 years, and an aquaculture licence may be renewed for further terms of
no longer than 10 years each.
(2) Except as provided in subsection (3), the term of an aquaculture lease must not
exceed 20 years, and an aquaculture lease may be renewed for further terms of no
longer than 20 years each.
(3) A special experimental licence or a special experimental lease is valid for a term of
1 year and may be renewed annually for up to 5 years.
(4) On application by the holder of an aquaculture licence or aquaculture lease at least
6 months before its term expires, the Administrator may renew the licence or lease.
(5) On request by the holder of an aquaculture licence or aquaculture lease, the
Administrator may amend the expiry date of the licence or lease so that it
corresponds with the expiry date of another aquaculture licence or aquaculture
lease granted to the same holder, but only if this does not result in the granting or
renewal of a term longer than that permitted under subsection (1) or (2).
Application of Sections 54 to 58
53 Sections 54 to 58 apply to all aquaculture licences and aquaculture leases, including,
unless otherwise specified, special experimental licences and special experimental
leases.
Information included on licence or lease
54 (1) An aquaculture licence or aquaculture lease must indicate all of the following
information:
(a) the species that may be cultivated under the licence or lease;
(b) the methods of cultivation authorized under the licence or lease;
(c) the geographic coordinates of the boundaries of the site under the licence or
lease.
(2) In addition to the requirements of subsection (1), an aquaculture licence or
aquaculture lease may specify the maximum amount of aquacultural produce
allowed on the site.
Location and marking
55 (1) An aquaculture licence holder must mark each of their sites in a manner
determined by the Minister and keep each site marked during the term of their
licence.
(2) An aquaculture licence holder must ensure all of the following:
(a) that each of their sites is marked as required under subsection (1) before any
development takes place at the site;
(b) that equipment and aquacultural produce related to any of their sites remain
within the geographic boundaries of that site.
Security bond
56 (1) An aquaculture licence holder must ensure that a security bond is in place for the
aquaculture site under the licence until a certificate of discharge has been issued by
the Administrator.
(2) The holder of a new aquaculture licence must not begin their aquacultural
operation until any applicable security bond has been approved by the
Administrator.
(3) A person carrying out an aquacultural operation under an existing aquaculture
licence on the date these regulations come into force must, no later than 18 months
after that date, provide the Administrator with proof that any security bond
required by this Section is in place and meets the requirements of this Section.
(4) A security bond must be in a form satisfactory to the Administrator.
(5) Except as provided in subsection (6), and subject to subsection (7) and (8), a
security bond must be in an amount equal to the amount set out in the following
table for the type of aquacultural operation carried out by the licensee:
Type of Aquacultural Operation
|
Security Bond
Amount
|
Land-based operation
|
none
|
Operation using only bottom shellfish without gear method
|
none
|
Operation using bottom shellfish with gear method, site size
10 ha or smaller
|
$500.00
|
Operation using bottom shellfish with gear method, site size
larger than 10 ha and smaller than or equal to 50 ha
|
$1000.00
|
Operation using bottom shellfish with gear method, site size
larger than 50 ha
|
$1500.00
|
Operation using suspended method for shellfish, marine plant or
other species, site size 10 ha or smaller
|
$5000.00
|
Operation using suspended method for shellfish, marine plant or
other species, site size larger than 10 ha and smaller than or equal
to 50 ha
|
$10 000.00
|
Operation using suspended method for shellfish, marine plant or
other species, site size larger than 50 ha
|
$15 000.00
|
Marine finfish operation
|
$1.50 per
100 kg licensed
|
(6) For a holder of a special experimental licence, the amount required for a security
bond is 50% of the applicable amount specified in subsection (5).
(6A) For a holder of an institutional licence, the amount required for a security bond is
50% of the applicable amount specified in subsection (5).
(7) The security bond amount required for an aquaculture licence holder who is
licensed for more than 1 species class on a site is the highest amount listed in
subsection (5) that is applicable to that licensee.
(8) The Minister may approve collective security arrangements for a group of
aquaculture licence holders if the Minister is satisfied that those arrangements will
effectively meet the requirements of this Section.
Access for riparian land owner
57 An aquaculture licence holder must conduct their aquacultural operation so as not to
deprive any riparian land owner of reasonable access to and from the water adjacent to
the land of the riparian land owner.
Recording and reporting requirements
58 (1) An aquaculture licence holder must maintain current and accurate records of all of
the following with respect to their aquacultural operation:
(a) all aquacultural produce sales, including the date, number or weight and
destination of each sale;
(b) all losses of aquacultural produce by any means, including predation and
weather;
(c) all on-site inventory;
(d) any information that the Minister requires to be recorded.
(2) An aquaculture licence holder must retain each record maintained under subsection
(1) at their normal place of business for at least 7 years from the date of the last
entry in the record.
(3) On request, an aquaculture licence holder must provide the Minister or the
Minister’s designate with any information from their records that is specified in the
request in the manner and within the time period specified in the request.
(4) An aquaculture licence holder must submit an annual report to the Minister at a
time determined by the Minister that sets out any information required by the
Minister concerning the aquaculture licence holder’s use of the aquaculture site
under the licence and the productivity of the site.
No sublicensing or subletting
59 (1) A holder of an aquaculture licence must not sublicense their interest in an
aquaculture site.
(2) A holder of an aquaculture lease must not sublet their interest in an aquaculture
site.
(3) A sublicence or sublease contrary to this Section is void.
Use of aquaculture site
59A An aquaculture licence holder must use all of the aquaculture site for aquaculture
purposes, to the degree and in the manner determined by the Administrator.
Discontinuance of Aquacultural Operation at Marine Site
Request for certificate of discharge
60 (1) On revocation of an aquaculture licence or aquaculture lease by the Administrator
under Section 59A of the Act, or on the decision of an aquaculture licence holder
to discontinue their marine aquacultural operation, the former aquaculture licence
holder or aquaculture licence holder must obtain a certificate of discharge from the
Administrator.
(2) A request to the Administrator for a certificate of discharge must include all of the
following:
(a) a remediation plan;
(b) an anticipated date of completion of the remediation plan;
(c) payment of any outstanding fees that are owed for the aquaculture licence or
aquaculture lease.
(3) On receipt of a request for a certificate of discharge, the Administrator must do 1
of the following with respect to the remediation plan submitted with the request:
(a) accept the remediation plan as submitted; or
(b) establish an amended remediation plan with or without adjusting the
anticipated date of completion of the remediation plan.
When Minister may remediate aquaculture site
61 (1) The Minister may remediate an aquaculture site at the risk and expense of a former
aquaculture licence holder or aquaculture licence holder in either of the following
circumstances:
(a) the site is not remediated in accordance with the remediation plan by the
anticipated date of completion provided in a request for a certificate of
discharge under Section 60;
(b) the site is abandoned without the former aquaculture licence holder or
aquaculture licence holder first requesting a certificate of discharge from the
Administrator.
(2) The Minister may draw on the security bond of the former aquaculture licence
holder or aquaculture licence holder to remediate an aquaculture site.
Certificate of discharge
62 On completion of a remediation plan established under Section 60 or a remediation
carried out by the Minister under Section 61, the Administrator must issue a certificate of
discharge to the former aquaculture licence holder or aquaculture licence holder and
release any outstanding portion of their security bond.
Reallocated Marine Aquaculture Sites
Definition for Sections 64 to 67
63 In Sections 64 to 67, “proposal” means a proposal for the exclusive right to apply for
reallocation of a marine aquaculture site.
Call for proposals
64 (1) The Administrator may issue a call for proposals.
(2) A call for proposals must include any details the Administrator considers
necessary, including all of the following:
(a) a description of the location and size of the aquaculture site;
(b) the types of species to be cultivated;
(c) the method of cultivation to be used;
(d) the deadline for submitting a proposal.
Evaluating proposals
65 (1) The Administrator may establish the criteria for selecting a proposal and may, in
the Administrator’s sole discretion, do any of the following:
(a) select a proposal as submitted;
(b) select a proposal but require variations to the proposal;
(c) not select any proposals.
(2) On selecting a proposal, the Administrator must notify the successful proponent of
the selection and of any variations to the proposal required by the Administrator
under clause (1)(b).
Application requirements for reallocation of marine aquaculture site
66 (1) A proponent whose proposal is selected by the Administrator and who wishes to
apply for an aquaculture licence and aquaculture lease for the aquaculture site
being reallocated must submit their application no later than 90 days after the date
of the Administrator’s notice under subsection 65(2).
(2) In addition to any information required by the Minister under Section 46 of the
Act, an application referred to in subsection (1) must be accompanied by a
development plan together with any information or documentation that the
Administrator considers necessary to assess the application.
Aquaculture Development Areas
Definition for Sections 68 to 70
67 In Sections 68 to 70, “proposal” means a proposal for the exclusive right to apply for an
aquaculture licence and aquaculture lease for a site in an aquaculture development area.
Call for proposals
68 (1) The Minister may issue a call for proposals.
(2) A call for proposals must include any details the Minister considers necessary,
including all of the following:
(a) a description of the location of the aquaculture development area;
(b) the types of species to be cultivated;
(c) the method of cultivation to be used;
(d) the size of the sites within the aquaculture development area;
(e) the deadline for submitting a proposal.
Evaluating proposals
69 (1) The Administrator may establish the criteria for selecting a proposal and may, in
the Administrator’s sole discretion, do any of the following:
(a) select 1 or more proposals as submitted;
(b) select 1 or more proposals but require variations to the proposal or
proposals;
(c) not select any proposals.
(2) On selecting a proposal, the Administrator must notify the successful proponent of
the selection and of any variations to the proposal required by the Administrator
under clause (1)(b).
Application requirements for licence and lease in aquaculture development area
70 (1) A proponent whose proposal is selected by the Administrator and who wishes to
apply for an aquaculture licence and aquaculture lease for a site within the
aquaculture development area must submit their application no later than 90 days
after the date of the Administrator’s notice.
(2) In addition to any information required by the Minister under Section 46 of the
Act, an application referred to in subsection (1) must be accompanied by a
development plan together with any information or documentation that the
Administrator considers necessary to assess the application.
Performance Reviews Conducted by Administrator
Definition for Sections 72 and 73
71 (1) In Sections 72 and 73, “performance review” means a performance review of an
aquacultural operation required by this Section.
(2) The Administrator or a person designated by the Administrator must conduct
performance reviews of aquacultural operations at the times specified in Section
72.
(3) The Minister must determine the criteria for and scope of a performance review.
Timing of performance reviews
72 The times specified for performance reviews are as follows:
(a) for a new aquaculture licence, following the first production cycle, as
determined on initial issuance of the licence;
(b) on receiving an application to assign the aquaculture licence or aquaculture
lease for the operation;
(c) on receiving an application to renew the aquaculture licence or aquaculture
lease for the operation;
(d) on receiving an application for an amendment to the aquaculture licence or
aquaculture lease for the operation that is under the jurisdiction of the
Administrator;
(e) before entering the information related to that site into the aquaculture
registry;
(f) at any time the Minister considers a performance review to be necessary.
Outcomes of performance review
73 (1) On completion of a performance review, the Administrator must notify the
aquaculture licence holder of the outcome of the review.
(2) In a notice under subsection (1), the Adminstrator may address concerns raised in
the review by either
(a) varying the terms and conditions of the aquaculture licence or aquaculture
lease; or
(b) revoking the aquaculture licence or aquaculture lease in accordance with
Section 59A of the Act.
Fee Payments and Fee Waivers
Fees required
74 (1) A fee must be paid for each application, renewal, assignment and amendment of an
aquaculture licence or aquaculture lease under the Act or these regulations.
(2) All fees are payable to the Minister of Finance and Treasury Board.
(3) All fees are non-refundable.
Application fee payable on date application submitted
75 An application under these regulations is not considered complete and ready for
processing until the application fee is paid.
Prescribed Fees
Fee to secure option to lease
76 The fee to secure an option to lease is $500.00.
Fees for aquaculture licence and aquaculture lease applications
77 (1) For an aquacultural operation at a marine aquaculture site that is in an area not
designated as an aquaculture development area, or at a reallocated site, the
application fee is as set out in the following table:
Application Type
|
Application Fee
|
Licence
|
Lease
|
New licence or lease for finfish operation
|
$1000.00
|
$1000.00
|
New licence or lease for operation using only
bottom shellfish without gear operation
|
$250.00
|
$250.00
|
New licence for operation using bottom shellfish
with gear method
|
$375.00
|
$375.00
|
New licence or lease for suspended shellfish
operation
|
$500.00
|
$500.00
|
New licence or lease for operation using suspended
method for marine plants or other species
|
$250.00
|
$250.00
|
Amendment to add finfish to a non-finfish
operation
|
$1000.00
|
$1000.00
|
Amendment to add or change species, other than to
add finfish to a non-finfish operation
|
$250.00
per species
|
$250.00
per species
|
Amendment to change culture method to include
suspended shellfish
|
$375.00
|
$375.00
|
Amendment to change culture method to include
bottom shellfish with gear
|
$250.00
|
$250.00
|
Amendment to change culture method to include
bottom shellfish without gear
|
$125.00
|
$125.00
|
Amendment to change site boundaries
|
$500.00
|
$500.00
|
Assignment
|
$250.00
|
$250.00
|
Renewal, other than renewal of special
experimental licence or lease
|
$500.00
|
$1000.00
|
New special experimental licence or lease
|
$250.00
|
$250.00
|
Renewal of special experimental licence or lease
|
$50.00
|
$50.00
|
Amendment to site configuration without adding
gear
|
$125.00
|
$125.00
|
Amalgamation of aquaculture licences or
aquaculture leases and their associated aquaculture
sites
|
$500.00
|
$500.00
|
New institutional licence or institutional lease
|
$250.00
|
$250.00
|
Renewal of institutional licence or institutional
lease
|
$125.00
|
$125.00
|
(2) For an aquaculture site that is in an aquaculture development area, the application
fee is as set out in the following table:
Application type
|
Application Fee
|
Licence
|
Lease
|
New licence or lease for finfish operation
|
$2000.00
|
$2000.00
|
New licence or lease for operation using only
bottom shellfish without gear operation
|
$500.00
|
$500.00
|
New licence for operation using bottom shellfish
with gear method
|
$750.00
|
$750.00
|
New licence or lease for suspended shellfish
operation
|
$1000.00
|
$1000.00
|
New licence or lease for operation using suspended
method for marine plants or other species
|
$500.00
|
$500.00
|
Amendment to add finfish to a non-finfish
operation
|
$2000.00
|
$2000.00
|
Amendment to add or change species, other than to
add finfish to a non-finfish operation
|
$500.00
per species
|
$500.00
per species
|
Amendment to change culture method to include
suspended shellfish
|
$750.00
|
$750.00
|
Amendment to change culture method to include
bottom shellfish with gear
|
$500.00
|
$500.00
|
Amendment to change culture method to include
bottom shellfish without gear
|
$250.00
|
$250.00
|
Amendment to change site boundaries
|
$1000.00
|
$1000.00
|
Assignment
|
$250.00
|
$250.00
|
Renewal, other than renewal of special
experimental licence or lease
|
$500.00
|
$1000.00
|
New special experimental licence or lease
|
$250.00
|
$250.00
|
Renewal of special experimental licence or lease
|
$50.00
|
$50.00
|
Amendment to site configuration without adding
gear
|
$125.00
|
$125.00
|
Amalgamation of aquaculture licences or
aquaculture leases and their associated aquaculture
sites
|
$500.00
|
$500.00
|
New institutional licence or institutional lease
|
$250.00
|
$250.00
|
Renewal of institutional licence or institutional
lease
|
$125.00
|
$125.00
|
(3) For a land-based aquaculture site, the application fee is as set out in the following
table:
Application Type
|
Application Fee
|
Licence for new commercial operation
|
$500.00
|
Amendment to licence to add or change species
|
$250.00
per species
|
Commercial licence renewal
|
$500.00
|
Licence assignment
|
$250.00
|
New institutional licence
|
$250.00
|
Renewal of institutional licence
|
$250.00
|
New special experimental licence
|
$250.00
|
Renewal of special experimental licence
|
$50.00
|
Annual fees
78 (1) Except as provided in subsection (1A) for an institutional lease or institutional
licence, an aquaculture licence or aquaculture lease holder must pay an annual fee
on each anniversary date of the issuance of the licence or lease.
(1A) There is no annual fee for an institutional lease or an institutional licence.
(2) An annual fee that is not paid on the anniversary date of the issuance of the
aquaculture licence or aquaculture lease is subject to a late fee.
(3) For any type of aquacultural operation other than one conducted under an
institutional lease or institutional licence, the following annual fees apply:
Item
|
Annual Fee
|
Aquaculture licence
|
$398.10
|
Aquaculture lease
|
$13.30/ha
|
Late fee
|
10% of annual fee amount or $100, whichever is more
|
(4) If an amendment to an aquaculture lease results in a change to the annual fee, the
annual fee payable for the year of the amendment is adjusted on a pro rata basis
from the date of the amendment.
(5) The holder of an aquaculture licence to operate a u-fish pond is eligible for a rebate
of $124.60 on their annual fees.
Minister may waive annual fee
79 (1) The Minister may waive annual fees payable by a person in connection with an
aquaculture licence or aquaculture lease if all of the following conditions are met:
(a) existing environmental, food safety, market or fish health conditions have
resulted in a loss to the person;
(b) the loss referred to in clause (a) cannot, in the opinion of the Minister, be
mitigated;
(c) significant hardship is demonstrated by the person.
(2) An annual fee waiver granted under subsection (1) may apply to any of the
following:
(a) 1 or more classes of aquacultural operations;
(b) 1 or more species of aquacultural produce;
(c) 1 or more geographic areas.
(3) A request to have an annual fee waived must be accompanied by any supporting
information required by the Minister.
(4) Once a year, the Minister must review the records of fees waived during the
preceding year.
Legislative History
Reference Tables
Aquaculture Licence and Lease Regulations
|
N.S. Reg.
347/2015
|
Fisheries and Coastal Resources Act
|
Note: The
information in these tables does not form part of the regulations and is
compiled by the Office of the Registrar of Regulations for reference only. |
Source Law
The current consolidation of the Aquaculture Licence and Lease Regulations made
under the Fisheries and Coastal Resources Act includes all of the following regulations:
|
|
|
|
347/2015
|
Oct 26, 2015 |
date specified |
Nov 13, 2015 |
186/2019 |
Nov 12, 2019 |
date specified |
Dec 6, 2019 |
|
|
|
|
|
|
|
|
|
|
|
|
The following regulations are not yet in force and are not included
in the current consolidation:
*See subsection 3(6) of the Regulations Act for
rules about in force dates of regulations.
Amendments by Provision
ad. = added
am. = amended |
fc. = fee change
ra. = reassigned |
rep. = repealed
rs. = repealed and substituted |
|
|
2, defn. of “institutional
lease”......... |
ad. 186/2019
|
2, defn. of “institutional
licence”..... |
ad. 186/2019
|
2, defn. of “security bond”............... |
ad. 186/2019
|
9(1)................................................... |
rs. 186/2019 |
11A................................................... |
ad. 186/2019
|
11B................................................... |
ad. 186/2019
|
16...................................................... |
am. 186/2019
|
24...................................................... |
ra. as 24(1), 186/2019
|
24(1)............................................. |
ra. from 24, 186/2019;
am. 186/2019
|
24(2)............................................. |
ad. 186/2019
|
26(1)................................................. |
am. 186/2019
|
26(1A).............................................. |
ad. 186/2019
|
33(1)................................................. |
rs. 186/2019
|
38(1)(a)............................................. |
am. 186/2019
|
38(1)(h)............................................. |
ad. 186/2019
|
38(2)................................................. |
am. 186/2019
|
38(2)(b)............................................. |
am. 186/2019
|
38(2)(c)-(d)....................................... |
ad. 186/2019
|
41(4)................................................. |
ra. from 41(5), 186/2019
|
41(5)................................................. |
ra. as 41(4), 186/2019
|
41(5)................................................. |
ra. from 41(6), 186/2019
|
41(5)(d)......................................... |
am. 186/2019
|
41(5)(e)......................................... |
ad. 186/2019
|
41(6)................................................. |
ra. as 41(5), 186/2019
|
51...................................................... |
rs. 186/2019
|
51A................................................... |
ad. 186/2019
|
51B................................................... |
ad. 186/2019
|
53...................................................... |
am. 186/2019
|
56(6A).............................................. |
ad. 186/2019
|
59A................................................... |
ad. 186/2019
|
62...................................................... |
am. 186/2019
|
77(1)-(3)........................................... |
am. 186/2019
|
78(1)................................................. |
am. 186/2019
|
78(1A).............................................. |
ad. 186/2019
|
78(3)................................................. |
am. 186/2019
|
79...................................................... |
am. 186/2019
|
|
|
|
|
Note that changes to headings are not
included in the above table.
Editorial Notes and Corrections
|
|
|
1 |
Original text does not include subsection 41(4).
(corrected by N.S. Reg 186/2019) |
|
|
|
|
|
|
|
Repealed and Superseded
|
|
|
|
|
|
|
|
15/2000
|
Aquaculture Licence and Lease Regulations
|
Feb 2, 2000
|
Oct 26, 2015
|
Note: Only
regulations that are specifically repealed and replaced appear in this
table. It may not reflect the entire
history of regulations on this subject matter.